Massey v. Love

(dissenting);

I cannot concur in the Majority opinion’s partial reversal of the trial court’s judgment. I agree that the opinion is correct in affirming that court’s holding that defendant breached the parties’ contract.

It must be remembered that, when plaintiff instituted this action against defendant, he was a vendee under an executory contract of sale, who (as defendant’s answer alleged, and the trial court determined) had made a down payment of $2,000.00 under the contract, and, despite his breach of the contract in failing and refusing to pay defendant the rest of the contract price, was…